The Georgia supreme court on Tuesday declined to hear Fani Willis’s appeal of a lower court’s ruling disqualifying the Fulton county prosecutor from prosecuting Donald Trump’s election interference case.
In a 4-3 decision, the state’s highest court let stand the lower court order disqualifying Willis from the racketeering and election interference case that initially snagged 19 defendants, including Donald Trump, in 2023.
Georgia’s appeals court removed Willis from the case in December 2024, citing the “appearance of impropriety” created by her relationship with former special prosecutor Nathan Wade.
The appellate decision in effect established a new standard in Georgia law for removing a prosecutor from a case, which the Georgia supreme court’s decision allows to stand without review.
Trump, while president, is protected from state-level prosecutions, but the other remaining defendants are still subject to prosecution. The case will be reassigned by the Prosecuting Attorneys’ Council of Georgia, but it is unclear whether Pete Skandalakis, executive director of the council, will be able to find a prosecutor willing to take up the politically fraught, legally complicated case.
He said he expected the formal process to begin within a month or so. Skandalakis, a district attorney elected by conservative voters outside of metro Atlanta may simply choose to drop the charges against the remaining 14 defendants, rather than risk the backlash of their constituents and the increasingly vocal and retributive ire of the president. But the primary consideration was a matter of capacity, Skandalakis said.
“I have to start looking, today, for a prosecutor to take this case,” Skandalakis said. “You kind of narrow it down to resources – who has the staff – and then you kind of branch out. There are some offices that are too small, that are overrun with cases.”
Willis and attorneys for Trump and other defendants did not immediately respond to a request for comment.
A grand jury in Atlanta indicted Trump and 18 others in August 2023, using the state’s anti-racketeering law to accuse them of participating in a wide-ranging scheme to illegally overturn Trump’s narrow 2020 loss to Joe Biden in Georgia. The alleged scheme included Trump’s call to the Georgia secretary of state, Brad Raffensperger, urging him to help find enough votes to beat Biden. Four people have pleaded guilty. Trump and the others have pleaded not guilty.
